The bill introduces a new section, 15A V.S.A. 1-114, which establishes a framework for confirmatory adoption for children born through assisted reproduction in Vermont. It defines key terms such as "assisted reproduction," "donor," and "petitioners," and outlines the petition process for non-birthing parents to confirm their parentage through adoption. The bill mandates that a complete petition must include a signed adoption petition, marriage certificate (if applicable), a declaration regarding the child's birth circumstances, and a certified copy of the child's birth certificate. Importantly, the court is required to grant the adoption promptly if the petition meets the criteria, with the possibility of waiving certain requirements like in-person hearings or background checks.
Additionally, the bill amends existing guardianship laws to incorporate provisions for standby guardianship in situations where a custodial parent is unavailable due to adverse immigration actions. It defines "standby guardianship" and "adverse immigration action," and outlines the requirements for filing a petition for such guardianship, including the need for signed consent from the custodial parent. The amendments streamline the process for establishing and terminating guardianships, particularly in cases involving immigration issues, and introduce a presumption that guardianship is in the child's best interests under certain conditions. The bill also includes several insertions to clarify procedures, such as relaxed rules of evidence in probate hearings and requirements for guardians to notify custodial parents about proceedings. Certain sections of the bill are set to take effect on July 1, 2025, while others will take effect upon passage.
Statutes affected: As Passed by Both House and Senate -- Official: 14-2622, 14-2623, 14-2625, 14-2628, 14-2629, 14-2632
As Passed by Both House and Senate -- Unofficial: 14-2622, 14-2623, 14-2625, 14-2628, 14-2629, 14-2632
As Enacted: 14-2622, 14-2623, 14-2625, 14-2628, 14-2629, 14-2632